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Fatwa of Sheikh Hammoud Al-Uqlaa’ on the Taliban
Sheikh Hammoud Al-Uqlaa’ Ash-Shuaibi is one of the senior-most and leading
scholars in the Arabian Peninsula. He lives in the city of Buraydah in the
Qaseem region of the Arabian Peninsula and is currently in his mid-eighties.
He is one of the many teachers of Sheikh Salman Al-Awdah (also from
Buraydah, who was imprisoned by the corrupt Saudi Regime from 1994 to 1999)
and is well-known for speaking the Truth under all circumstances. May Allah
protect him.
This fatwa was issued by the Sheikh on 2 Ramadan 1421 AH/ 29 November 2000
in response to American threats to impose new sanctions against the Taliban
for their failure to curb ‘terrorism’.
The Muslims are encouraged to distribute this fatwa everywhere over the
Internet (avoiding Spam mail), fax and by printing it out and putting it up
in mosques, Islamic centres and prayer rooms provided relevant permission is
obtained.
In the Name of Allah the Most Merciful the Most Kind
Fatwa on the Shariah Implementation of the Taliban Government in Afghanistan
by His Excellency, Sheikh Hammoud bin Uqlaa’ Ash-Shuaibi
2nd Ramadan, 1421 Hijri/ 29 November 2000 Al-Qaseem, Arabian Peninsula
Question:
“Some people hold doubts about the Shariah implementation of the Taliban
Government in Afghanistan. What is the reality regarding this government? We
request from you a comprehensive answer backed up by evidences. May Allah
protect you.”
Answer:
Praise be to Allah, Lord of the Worlds, and Peace and Blessings be upon our
Prophet Muhammad, upon his family and his companions altogether. As for what
follows:
Indeed to determine the implementation or rejection of Shariah by a country
depends on a number of factors:
Firstly:
Its legislation by the Book of Allah and the Sunnah of His Messenger (SAWS)
in all the branches of ruling and other than it in other worldly dealings.
Secondly:
Indeed one of the most important components of a country is its control of
land. It is well-known that the Taliban Government has over 95% of
Afghanistan under its control.
Thirdly:
That its relations and dealings with other countries are established on the
basis of the Noble Deen.
The Taliban Regime in Afghanistan has been proven to fulfil these factors,
so it is the only country in the World in which there are no man-made laws
and legislations. Rather, indeed its legislation is established on the
Shariah of Allah and His Messenger in the Courts of Law, in the ministries,
in the governmental circles and in other establishments.
As for the Muslim countries other than Afghanistan, amongst them are those
which legislate with man-made laws in their totality and amongst them are
those who contain Courts of Law which are man-made in their totality, but
under the label of the Shariah of Allah and His Messenger (SAWS). Even the
vast proportion of the rulings in the so-called ‘Shariah’ Courts in these
countries are based on man-made institutions and legislative acts, so in
reality there is no difference between this type of ruling and the ruling of
man-made laws except by name.
Amongst the evidences that the Taliban Government is a Shariah Government is
the fact that the disbelieving countries who are enemies of Islam and the
Muslims are hostile towards it, have imposed an economic boycott on it,
isolated it and tightened their grips on it for no reason other than its
adherence to the Deen of Islam.
Furthermore, military strikes are about to be carried out on Afghanistan
just like America attacked it with Cruise Missiles in 1998. At the same
time, these same disbelieving countries continue to support the Opposition
Northern Alliance (of Ahmad Shah Masood) with funds, weapons and advisors.
This itself is clear evidence on the Shariah implementation of the Taliban
Government and that they are upon Truth in their fighting against the
Northern Alliance. In addition, the failure of the disbelieving nations to
recognise
the Taliban Regime as a nation and a government further removes any doubt in
the Shariah implementation of the Taliban Government.
Amongst other reasons that point to the fact the Taliban Government is a
Shariah Government is the fact that it fulfils certain criteria as mentioned
earlier, with the exception that it is in urgent need of financial
assistance due to its limited financial resources. Therefore we appeal to
our Muslim brothers and sisters around the World to assist it with financial
and material means and to support it with their media capabilities because
the enemies of Islam and their agents have deceived and misguided most of
the people until they have become confused as to whether this is a Muslim
Government or not.
At this time, the Taliban Regime remains in a state of warfare against its
opposition, the Northern Alliance, so Jihad with it is ordained by the
Shariah because Jihad with the Taliban is against the Northern Alliance
which is being funded by the forces of Disbelief like America, Britain and
Russia and others who are calling for a broad-based government in
Afghanistan established upon a Western legislative system. Since the
situation is like this, then indeed it is obligatory to assist the Taliban
Regime and to make Jihad with it in order to bring victory to Islam and in
order to cooperate upon all acts of piety and fear of Allah, as Allah (SWT)
says in the Quran: “And cooperate with one another in all acts of piety and
the fear of Allah&” [Quran 5:2]. In addition, the Messenger of Allah (SAWS)
said: “The similitude of the believers in their mutual love, mutual feelings
and mutual relations is like a single body: if one part of it is in pain,
the entire body feels discomfort.” He also said (SAWS): “A Muslim and his
fellow Muslim is like a building, one part of which supports the other
(whilst interlocking his fingers).”
And from the greatest qualities further proving the validity of the Muslim
Taliban Government are:
Its efforts to support the Mujahideen and defend them against their enemies.
This has been witnessed in this government. It does not contain any forms of
media which are forbidden in the Shariah. Indeed it is adamant, sincere and
honest in its efforts to implement Shariah from its establishment of the
Islamic Penal Code (hudood) to forbidding open acts of disobedience to Allah
and His Messenger, meting out suitable punishments for them and Islamicising
education and media. Indeed it is the only country in the World which is
striving for women’s rights according to the Shariah and not according to
the ways of the Secularists who encourage the women to display their beauty,
cast off their hijabs, mix freely with men, drive cars alone and other
things like that. It is the only country in the World which has a separate
ministry by the name of the Ministry to Encourage Good and Forbid Evil.
To conclude&
Just as we pray for the Taliban Government for ability and guidance from
Allah, we also appeal to them to remain firm and steadfast upon these
aforementioned great Islamic qualities and to hold fast to the Book of Allah
(SWT), the Sunnah of His Messenger (SAWS) and the ways of the
Salaf-us-Saalih (Pious Predecessors) and that they do not worry about
pressure and intimidation from the disbelieving countries and others like
them. Allah (SWT) says in the Quran: “And whosoever fears Allah, He will
make for him a way out (from every difficulty) and provide for him from
where he could never have imagined&” [Quran 65:2-3] and “And whosover fears
Allah, He will provide for him a solution to all his affairs&” [Quran 65:4]
and “And the end will belong to the Allah-Fearing&” [Quran 7:128].
For them is an example in the Messenger of Allah (SAWS) and the Muslims with
him when they were boycotted by the Quraish to the valley on the outskirts
of Makkah in an attempt to prevent them from establishing Allah’s Deen, but
the end belonged to the Allah-Fearing. We also appeal to the other Muslim
countries to follow in the footsteps of the Taliban in
the implementation of Shariah in respect to all worldy dealings in
judgements, media, economics, internal and foreign politics, women’s affairs
and education and that they do not blindly follow the West in its
anti-Islamic and misguided ways and policies.
And all ability is from Allah (SWT) and peace and blessings be upon our
Prophet Muhammad, his family and companions altogether.
Written by His Excellency, the Sheikh, the Teacher Hammoud bin Uqlaa’
Ash-Shuaibi
2nd Ramadan, 1421 Hijri/ 29 November 2000 Al-Qaseem, Arabian
[This message has been edited by Musalman (edited February 23, 2001).]